Once a trademark or service mark has been chosen, it is important to register the mark as soon as possible. In the United States, trademarks are registered with the USPTO. Federal registration of a trademark is highly advisable whenever possible for a number of reasons.

Although use of a trademark creates rights under the laws of the United States and of some other countries, it is unwise to rely on mere use of the trademark to establish such rights. Trademark registrations give trademark owners confidence, as well as a legal defense, that they can market their goods and services without fear of attack from other trademark owners and competitors. A trademark registration also enables the trademark owner to prevent third parties from registering the trademark, from counterfeiting the trademark or from imitating the mark. Finally, a trademark registration enables the trademark owner to assure potential and existing licensees that the above possibilities are available.

Absent federal registration, trademark rights created through mere use are limited to the geographic area within which the trademark has been used. In contrast, a federally registered trademark is valid throughout the entire territory of the United States. Federal registration also provides a legal presumption that the registrant is the owner of the trademark and has the exclusive right to use the mark. A federal trademark registration may also be deposited with the customs authorities, discussed below. Finally, criminal penalties, ex parte seizures and statutory damages are only available for infringement of a federally registered trademark.